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Full-Text Articles in Jurisprudence
Understanding Federalism, Larry Kramer
Understanding Federalism, Larry Kramer
Vanderbilt Law Review
It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …
Justice, Language And Communication, Julius Stone, G. Tarello
Justice, Language And Communication, Julius Stone, G. Tarello
Vanderbilt Law Review
The present paper has been concerned to stress that jurisprudence, insofar as it is not limited to analytical jurisprudence, dare not overlook the distinctive qualities either of common language, or of the special language of lawyers. For what its authors deny above all is the utility of so defining a field--like the justice-field--which is a segment of common language, in terms of a special language or logical structuring similar to those used by lawyers. Nor do we think that the presence of considerations of justice (and therefore of common language statements) in the process of the operation of law, either …
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Sociology Of Law--A Student's Concept, Glynn A. Pugh
Vanderbilt Law Review
The Anglo-American lawyer is inclined to restrain his interest to the legal order; he becomes a specialist in the decisions rendered by the courts. The attorney, unfamiliar with present day methodology of the social sciences, is easily bewildered by the writings and judicial decisions of the sociological jurist. Part of this bewilderment may be at once eliminated by distinguishing two concepts of "law." The lawyer may conceive of the law as "that which is backed by the force of politically organized society." An inadequate amount of attention is directed toward the sources of law, its trends and its functions. Sociologists …